260
[No.I8 of 2007
Plant Breeder:S Rights
Payment of
annual
fee
35. Any holder of a plant breeder's right shall, for the duration
of the plant breeder's right, pay to the Registrar the prescribed
annual fee.
Effect of
grant on
certain
Centre
36. (1) Where the plant breeder's rights in respect of a plant
variety have been granted to a person, another person who was
entitled to make an application for that plant breeder's rights,
whether or not a person who developed that variety independently
of the breeder, or the successor of the other person, is not entitled
to any interest in that plant breeder's rights because of the
entitlement to make the application or because of the grounds of
the entitlement, but nothing in this section prevents a person from
applying to the Institute for the revocation of that plant breeder's
rights or from instituting proceedings before a court in respect of
that plant breeder's rights.
(2) Where a plant breeder's rights in respect of a new plant
variety are granted to a person and another person (in this paragraph
referred to as the" eligible person ") is entitled, in law or in equity
to make the application for the plant breeder's rights assigned to
the eligible person, then the eligible person may have the plant
breeders rights assigned to that person.
37. The Institute may designate a Plant Genetic Resource
Centre as a centre for storage and maintenance of gerrnplasm
material for the purpose of this Act.
Supply of
propagating
material
38. (1) A plant breeder's rights in respect of a plant variety is
subject to the condition that the grantee of the rights shall comply
with any notice given to the grantee by the Institute.
persons
Plant Genetic
Resource
(2) Where a plant breeder's rights are granted in respect of a
plant variety, the Institute may give the grantee ofthe plant breeder's
rights written notice requiring the grantee, within fourteen days of
the giving of the notice or any other time that is allowed, to cause a
specified quantity of propagating material of that variety to be
delivered, at the expense of the grantee, to a specified plant genetic
resource centre or a herbarium.
(3) The quantity of the propagating material of a variety specified
in a notice under subsection (2) shall be the quantity that the Institute
considers would be sufficient to enable that variety to be kept in
existence ifthere were no other propagating material ofthat variety.
(4) Where the propagating material is delivered to a plant genetic
resource centre in accordance with the conditions imposed on the
plant breeder's rights by subsection (1), the Institute shall, subject
to subsection (6), cause that material to be stored at a specified
plant genetic resource centre.
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